Department of Jurisprudence and Public Law

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23. Olokooba S.M, Dr. Olatoke J.OAdvocating For Progressive Tax System as a Panacea to Economically-Induced Conflicts in Nigeria
(International Journal of Humanities and Social Science, 3 (5), 2013) 23. Olokooba S.M, Dr. Olatoke J.O, F.F. Abdulrazaq, Olatinwo K .Y
Security, Peace and Conflict management is now of global concern. Their effective management may lead to peace, human and material development, while their mismanagement may lead to chaos and crises. Conflicts are of various types, but the prevalent one rampaging Nigeria today is the economically induced conflict. Due to bad management of economy, un-even distribution of state wealth, embezzlement of state funds, conflict now becomes a phenomenon defies of common solution in Nigeria. Premised on this, this paper examines the basic principle of security, peace and economically-induced conflict vis-a-vis the progressive tax system. The paper raises issues on the Nigerian tax system, types and causes of conflict and the interrelationship between peace, security and conflict. The paper further examines the jurisprudential basis of using progressive tax system to manage economically-induced conflict and concludes that, progressive tax system could effectively be used to tackle economically-induced conflict in Nigeria. Keywords: Peace, Security, Economically-Induced Conflict, Progressive Tax System, Nigeria, Panacea, Advocating. 1. Introduction Security, Peace and Conflict are three major indices on developmental strives of most Afri
A case for the fusion of anti-graft agencies in Nigeria
(Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019-02-20) Sylvanus Abila; Abiodun Amuda-Kannike; Joshua Kprake
This paper interrogates the existence of several agencies in Nigeria and makes a case for the fusion of all anti-graft agencies in Nigeria as it is in some other developed countries in the world such as Singapore and Hong Kong. The paper further highlights the advantages of such a fusion with a conclusion and recommendations.
A Critical Examination of the Enforcement of ICJ Decisions through the Organs of the United Nations
(American Research Institute for Policy Development, 2018-06) Amuda-Kannike Abiodun SAN; Abila Sylvanus
The basis of the establishment of the International Court of Justice (ICJ) is that its decisions should be enforceable and binding on most Nations of the World, but it has been seen that in reality, the decisions of the ICJ over the years have become extremely difficult to enforce leading to the efforts in making sure the said decisions are enforced through several methods other than cohesive or military interference. As a result, it becomes necessary to involve the organs of the United Nations in the enforcement of the ICJ decisions in order not to make the ICJ a toothless bulldog. This contribution therefore examines the usefulness of the organs of the United Nations such as the Security Council, the General Assembly and Secretary-General office among others, in the enforcement of such decisions. It concludes by stating that the usefulness of the organs in the United Nations is not adequately in the enforcement of the decisions of the International Court of Justice.
A CRITIQUE OF NATIONAL RESPONSE TO SPACE ACTIVITIES: THE NIGERIA SITUATION
(Ebonyi State University Law Journal 9 (2), 2018) OLATINWO KHAFAYAT YETUNDE AND IGBAYILOYE OLUWATOSIN BUSAYO*
An Examination of Space Regimes on the Arbitration of Future Space Related Disputes
(Journal of Private and Property Law. Faculty of Law, PPLRUNLAW Review 2, 2023) KHAFAYAT YETUNDE OLATINWO, OLARIYIKE DAMOLA AKINTOYE & SHUAIB ONIYE
Attendant in the use of space resources is the inevitable rancor which may arise due to situations seen and unforeseen. Seen in the sense of present day realities or occurrence ranging from space related contracts, satellite collision, debris fallout to territory not of the launching state, detection of fragment of space object in a foreign territory etc. Unforeseen in the sense of the future projection of use of space resources for tourism, envisaged privatisation and commercialisation of space resources and space travel. Soon private individuals would be able to jet to outer space for tourist purpose and just like we have airports, space transport operations will take the lime light. Inherent in this future projection of space utility is the high possibilities of disputes or issues that man has not comprehended, at least, for now. Outer space regimes adopts arbitration as one of the various means of space dispute resolution and this has been applied in series of space disputes such as the COSMOS 954 between Canada and Soviet Union, Cosmos 2251 between Russia and US, Eutelsat S.A. v. United Mexican States, etc. International arbitration is the most fancied means of resolving commercial disputes. Hence, its favour for space disputes. The question is, do the major international space treaties foresee the emerging and future developments as regards the use of space as to accommodate disputes that may arise from them to be arbitrable? The intention of this paper is to put its pro-active mind and fast forward same into the projected future space disputes, analyse same and discuss whether such disputes are projected as subject of arbitration in the provisions of space treaties. A qualitative legal research methodology is adopted; and at the end of the paper, appropriate recommendations shall be made based on the findings. Keywords:Outer Space, arbitrability, space disputes, resolution, space regimes
AN EXAMINATION OF SPACE REGIMES ON THE ARBTRATION OF FUTURE SPACE RELATED DISPUTES
(Journal of Private and Property Law. Faculty of Law, PPLRUNLAW Review 2, 2023-08-09) KHAFAYAT YETUNDE OLATINWO, OLARIYIKE DAMOLA AKINTOYE & SHUAIB ONIYE
Attendant in the use of space resources is the inevitable rancor which may arise due to situations seen and unforeseen. Seen in the sense of present day realities or occurrence ranging from space related contracts, satellite collision, debris fallout to territory not of the launching state, detection of fragment of space object in a foreign territory etc. Unforeseen in the sense of the future projection of use of space resources for tourism, envisaged privatisation and commercialisation of space resources and space travel. Soon private individuals would be able to jet to outer space for tourist purpose and just like we have airports, space transport operations will take the lime light. Inherent in this future projection of space utility is the high possibilities of disputes or issues that man has not comprehended, at least, for now. Outer space regimes adopts arbitration as one of the various means of space dispute resolution and this has been applied in series of space disputes such as the COSMOS 954 between Canada and Soviet Union, Cosmos 2251 between Russia and US, Eutelsat S.A. v. United Mexican States, etc. International arbitration is the most fancied means of resolving commercial disputes. Hence, its favour for space disputes. The question is, do the major international space treaties foresee the emerging and future developments as regards the use of space as to accommodate disputes that may arise from them to be arbitrable? The intention of this paper is to put its pro-active mind and fast forward same into the projected future space disputes, analyse same and discuss whether such disputes are projected as subject of arbitration in the provisions of space treaties. A qualitative legal research methodology is adopted; and at the end of the paper, appropriate recommendations shall be made based on the findings. Keywords:Outer Space, arbitrability, space disputes, resolution, space regimes
An Overview of Human Rights Concerns Raised by the Response to Covid-19 Pandemic in Nigeria.
(Current Issues in Law, Justice and Society: Essays in Honour of Justice Sulyman D. Kawu O.F.R,: Chief Judge of Kwara State, 2023) Olariyike Damola Akintoye, Shuaib Oniye & Khafayat Yetunde Olatinwo
In response to the threat occasioned by the spread of the Covid-19 pandemic,the government of the Federal Republic of Nigeria, came up with regulations and directives, derogating or restricting some human rights provisions already entrenched in the countries 1999 Constitution(as amended), such as; right to the dignity of the human person, in section 34, right to Personal liberty in section 35, right to freedom of association in section 40, right to freedom of movement in section 41 and right to private and family life, as found in section 37. Even though the same Constitution allows some restrictions and derogation from fundamental rights in Section 45 (1)-(3) it is the intention of this paper to identify the discriminatory application of the restrictive measures introduced at various levels to curb the spread of Covid-19. In achieving this intention, the paper also examines the Infectious Disease Control Act, 2021. KEY WORDS: Human Rights, Covid-19 Pandemic, derogation, restrictions, policies
AN OVERVIEW OF HUMAN RIGHTS CONCERNS RAISED BY THE RESPONSE TO THE OUTBREAK OF COVID-19 PANDEMIC IN NIGERIA
(Current Issues in Law, Justice and Society: Essays in Honour of Justice Sulyman D. Kawu O.F.R,: Chief Judge of Kwara State, 2023-08-09) Olariyike Damola Akintoye, Shuaib Oniye & Khafayat Yetunde Olatinwo
Repository logo Management New Pin sidebar Repository logo (current) Communities & Collections All of DSpace Statistics Home Faculty of Law Department of Jurisprudence and Public Law Scholarly Publication An Overview of Human Rights Concerns Raised by the Response to Covid-19 Pandemic in Nigeria. An Overview of Human Rights Concerns Raised by the Response to Covid-19 Pandemic in Nigeria. dc.contributor.author Olariyike Damola Akintoye, Shuaib Oniye & Khafayat Yetunde Olatinwo dc.date.accessioned 2023-08-09T21:04:53Z dc.date.available 2023-08-09T21:04:53Z dc.date.issued 2023 dc.description.abstract In response to the threat occasioned by the spread of the Covid-19 pandemic,the government of the Federal Republic of Nigeria, came up with regulations and directives, derogating or restricting some human rights provisions already entrenched in the countries 1999 Constitution(as amended), such as; right to the dignity of the human person, in section 34, right to Personal liberty in section 35, right to freedom of association in section 40, right to freedom of movement in section 41 and right to private and family life, as found in section 37. Even though the same Constitution allows some restrictions and derogation from fundamental rights in Section 45 (1)-(3) it is the intention of this paper to identify the discriminatory application of the restrictive measures introduced at various levels to curb the spread of Covid-19. In achieving this intention, the paper also examines the Infectious Disease Control Act, 2021. KEY WORDS: Human Rights, Covid-19 Pandemic, derogation, restrictions, policies
ANALYSIS OF INTERNATIONAL LEGAL INSTRUMENTS ON TERRORISM AND HUMAN RIGHT PROTECTION VIS-À-VIS NIGERIA LEGAL TERRAIN
(Department of International Law Obafemi Awolowo University, Ile Ife, Nigeria, 2020-01-03) Shuaib Oniye
The most pressing concerns facing current generation across the universe is the geometric rise in the incidence and notoriety of terrorism and terrorist activities. This has culminated into the emergence of International human rights standards owing to the obligation to control the violent and extreme behaviour. It is not gainsaid that Nigeria, as a sovereign State, has also launched a campaign against terrorism. While the response of Nigeria to combat terrorism has been applauded; the incessant human rights violation by the security personnel championing the fight against terrorism remains problematic. To this end, this paper analyses international legal instrument on terrorism, protection against violation of human rights while fighting terrorist and what the Nigeria stand to benefit from it. The paper posits that there are adequate provisions to curb the spread of terrorism in the various international legal instruments and domestic legislations on the issue, but lack of political will on the part of government remains the ultimate challenge. The paper recommends enforcement paradigm of the existing legal framework on terrorism and human right protection in Nigeria.
Analysis of the Legal Regimes of Outer Space on Ownership of Space Object
(KWASU Law Journal 3 (1), 2022) Olatinwo Khafayat Yetunde & Akintoye Olariyike Damola
Unlike the regime of sovereignty on earth, outer space is a no man’s land. The pristine environment is neither subject nor capable of being owned, hence, the non-appropriation status provided by the major space laws regulating human activities in space. The determination of the international community that the environment of space and its resources are to be used for the benefit of mankind informed stricter provisions in the Moon Treaty of 1979 with respect to the principle of common heritage of outer space. It therefore means that Outer Space and its natural resources do not belong to anybody be it states, individual (juristic or natural), inter-governmental organisation etc. Again, ownership of real property, in this regard, space object, on earth undoubtedly resides in the person with title whether as a result of manufacture, sale or transfer. Outer place is a different clime with its special regimes. What then is the status of a space object launched to outer space? Is the non-appropriation regime in space applicable to whatever object that is also launched into the environment from the earth notwithstanding its status on earth? The intention of this paper is to discuss the attitude of the international legal regimes on space on ownership of objects or real property launched into space. KEYWORDS: regimes, ownership, object, outer space, launch
APPRAISAL OF OUTER SPACE REGIMES ON THE EXTENT OF ITS USE
(Journal of International and Comparative Law (JICL) Vol.9 2021 1, 2021) Olatinwo, Khafayat Yetunde
Abstract The freedom of exploration and use of outer space is an established principle in the space regimes. Space users are encouraged to explore and use the resources of space for the benefit of mankind. However, and as would be seen in this work, the use in which countries like the United States of America, Russia and China have put the pristine environment and its resources to raises questions as to the extent or limit (if any) to which space resources should be put. The attitude of these countries with respect to placement and use of weapons in space together with exposure of the environment to debris prompts a mind to ponder on the acceptance of such acts. The intention of this work is to analyze the extent of the use for which Outer space and its resources is to be put. In other words what should Outer space resources be used for? This would enable the paper to identify any restrictions (if they exist) on the use of space and the effectiveness of such limits. A qualitative legal research methodology is adopted; and at the end of the work, appropriate recommendation is made based on the findings
Appraisal of the Electoral Act 2022: A Curse or Blessing to the 2023 General Elections in Nigeria
(INTERNATIONAL JOURNAL OF INNOVATIVE RESEARCH & DEVELOPMENT, 2023-05-30) Shuaib Oniye, Khayat YETUNDE OLATINWO, Ariyide Damola AKINTOYE
Abstract: It is trite law that the ultimate goal of a truly democratic nation is to conduct credible, free and fair elections. It is indeed one of the major challenges of the democratization process in a given nation. However, Nigeria is not known to have conducted elections devoid of rigging, vote buying, a re-run of elections, irregularities, malpractices, declaration of the election as inconclusive, etc. Thus, the issues bordering on reform of the electoral system, including the legal framework of the electoral process that will ensure substantial free and fair elections that meet the minimum standard of acceptable democratic elections, cannot but remain an essential goal of democracy in Nigeria. Under such circumstances, the Nigerian Government enacted Electoral Act 2022, introducing new changes such as using card readers and other technological devices, reducing campaign expenses by the political parties, a timeline for submitting lists of candidates, and criteria for substitution of candidates, amongst others. To this end, this paper, while adopting analytical research methodology, examines the Electoral Act 2022 and its innovations as a curse or blessing towards 2023 general elections in Nigeria. The paper revealed that the Act has regulated some unforeseen circumstances noticed in the previous elections, which necessitate post-election litigations across the country and suggests a way forward towards 2023 general election and beyond to meet the minimum standard of acceptable democratic elections. Keywords: Appraisal, electoral, curse, blessing, violence, election
Appraisal of the Electoral Act 2022: A Curse or Blessing to the 2023 General Elections in Nigeria
(NTERNATIONAL JOURNAL OF INNOVATIVE RESEARCH & DEVELOPMENT, 2023) Shuaib Oniye, Khafayat Yetunde Olatinwo & Akintoye Olriyike Damola
It is trite law that the ultimate goal of a truly democratic nation is to conduct credible, free and fair elections. It is indeed one of the major challenges of the democratization process in a given nation. However, Nigeria is not known to have conducted elections devoid of rigging, vote buying, a re-run of elections, irregularities, malpractices, declaration of the election as inconclusive, etc. Thus, the issues bordering on reform of the electoral system, including the legal framework of the electoral process that will ensure substantial free and fair elections that meet the minimum standard of acceptable democratic elections, cannot but remain an essential goal of democracy in Nigeria. Under such circumstances, the Nigerian Government enacted Electoral Act 2022, introducing new changes such as using card readers and other technological devices, reducing campaign expenses by the political parties, a timeline for submitting lists of candidates, and criteria for substitution of candidates, amongst others. To this end, this paper, while adopting analytical research methodology, examines the Electoral Act 2022 and its innovations as a curse or blessing towards 2023 general elections in Nigeria. The paper revealed that the Act has regulated some unforeseen circumstances noticed in the previous elections, which necessitate post-election litigations across the country and suggests a way forward towards 2023 general election and beyond to meet the minimum standard of acceptable democratic elections. Keywords: Appraisal, electoral, curse, blessing, violence, election
Arbitration and Conciliation Act 1988 (Section 5): Pinning the Nigerian Courts to the Era of Demurrer
(International Journal of Humanities and Social Science, 3 (11), 2013) Khafayat Yetunde Olatinwo
A legal contrast it would seem where there exist two provisions of law which are complete opposite especially where the two provisions has to work together. That would be the case with the provision of section 5 of the Arbitration and Conciliation Act 1988 demanding the application of a procedure in the same Court (High Courts) that has abolished that same procedure (Demurrer) by its procedural rule. The essence of this paper is to examine the various provisions of the High Rules on pleadings in lieu of demurrer and Sections 5 Arbitration and Conciliation Act in order to determine its workings in the judicial system. The paper further suggests how the conflict can be resolved with recommendation. Key Words:Arbitration, Strike-out, Demurrer, High Court Civil Procedure Rule
Assessment of the Doctrine of Immunity and Liability of Arbitrator
(BOWEN Law Journal. 1 (1), 2017) Olatinwo Khafayat Yetunde
Alongside the normal judicial/Court mode of settling scores between/among parties, there exist arbitration as an alternative form of dispute settlement especially in respect of commercial disputes. Indisputable, the position of an arbitrator is not clear cut as that of a judge who is appointed with sufficient rules and regulations guiding its functions including the Constitution. An arbitrator may be an ordinary person persuaded by a friend to settle a dispute and may not really think or be aware of the implications of what he/she is doing until his conducts during the settlement process becomes a subject of litigation. Some jurisdictions have taken it upon themselves to enact laws that would regulate such litigation and often times accord immunity to the arbitrator (whether from civil or criminal responsibility). The essence of this paper is to analyse the various practice of countries on the practice of arbitrators immunity and liability, examine the theoretical bases of States option in the adoption of the doctrine of arbitrators immunity and liability and then to proffer justification for those jurisdictions that have accorded immunity to arbitrators and to find rules which may be adopted by other jurisdictions that don't have immunity laws so that when a court is faced with a matter in which “arbitrators immunity” is a subject of the litigation, the judge in the absence of a legal framework may adopt the common Law doctrine of Immunity (as in the Nigeria situation) or find recourse in practices in other jurisdiction or institutions.
Challenges in the Enforcement of Cybercrimes Law in Nigeria: Yahoo Plus as Case Study
(Kogi State University Journal of Public Law, 2022-07-12) Shuaib Oniye and Abiodun Amuda Kannike (SAN)
Information technology has made the world a global village and has enhanced every sector of the society. The innovation in computer, information communication and internet, cuts across every sectors in Nigeria because our society is becoming an information society where communication takes place in cyberspace. Thus, the society is threatened by the growing tread of cybercrime which has created avenue for miscreants to engage in cyber criminality against cyber citizens, and in order to curb the menace of cybercrime, the Nigeria government enacted Cybercrimes (Prohibition & Prevention) Act 2015 with aim to provide an effective, unified, and comprehensive legal,regulatory & institutional framework for prohibition, prevention, detection, prosecution and punishment of cybercrimes offenders in Nigeria. However, despite this, in the list of the many sustainability challenges facing Nigeria as a country today, internet fraud comfortably enjoys a top position, because internet fraudsters have attained a higher dimensions known as yahoo plus, connote using spiritual power to defraud unaware cyber citizens. To this end, this paper,while adopting analytical research methodology, examines the challenges in the enforcement of cybercrime law in Nigeria using Yahoo plus practitioners as a case study.
Competitive Strategies and Firms' Performance: A Comparative Analysis of Selecetd Firms in TeleCommunication Industry
(2019) IBRAHIM BAMIDELE HAMZAT
COVID -19 AND THE GLOBAL SOCIO-ECONOMIC RIGHTS: IMPACTS IN NIGERIA AND THE ROLES OF LAW
(CENTRE FOR RESEARCH, INDUSTRIAL LINKAGE AND INTERNATIONAL COOPERATION (CRIIC), AL-HIKMAH UNIVERSITY, ILORIN, NIGERIA, 2021-12-10) Abdulkadir Bolaji Abdulkadir; Abdulfatai Oladapo Sambo; Halimat Tope Akaje
The outbreak of Covid-19 has affected every sphere of human endeavours globally. Equally worrisome are the measures put in place to contain the spread of the pandemic. These measures have also negatively impacted the socio-economic rights of people in the world, and Nigeria is no exception. Against this backdrop, this study discusses Covid-19 and the global socio-economic rights: impacts in Nigeria and the role of law. This paper relies on information from textbooks, journals, newspapers, statute, legal instrument and internet materials.. This study found that the outbreak of Covid-19 has led to the adoption of drastic measures like restriction of movement, closure of businesses and schools etc. which caused dwindling revenue, job losses and salaries cut globally and in Nigeria. Nevertheless, certain provisions of the law such as the Finance Act, National Health Insurance Scheme Act, Pension Reform Act, Employees Compensation Act can be explored to cushion the socio-economic impacts of Covid-19 in Nigeria. This will in turn enhance adequate standard of living, adequate mental and physical healthcare, social safety nets etc. This study suggested that the law and research oriented policies should be explored to cushion the impacts of Covid-19 on the socio-economic rights of people in Nigeria.
Dispute Resolution options in the legal Regimes Regulating Outer Space Activities.
(Indian Journal of Air and Space Law, 1, 2015) Olatinwo Khafayat Yetunde
There is no gainsaying to the fact that since the space race/age in 1957, outer space has been utilized for different beneficial purposes particularly in the areas of Communication (tele-education, tele-medicine), Earth observation surveillance, population monitoring, war advantages etc through launching of different satellites that has now assumed commercial interest in satellite communication sector, launching services and remote sensing. The commercial activities in outer space are very welcome idea, however, just like in any commercial activities, dispute is inevitable. It is then left for a viable dispute resolution mechanism to be put in place in an effort to resolve the peculiar nature of dispute that may arise in the utilisation of this unique environment. It is the intention of this paper to assess the dispute resolution options available to States, non-governmental organizations and private entities involved in any dispute arising from space activities.
DIVERSE INTERPRETATIONS OF THE NEW YORK CONVENTION AND THE EFFECTS ON FOREIGN ARBITRAL AWARD IN NIGERIA.
(FACULTY OF LAW, KWARA STATE UNIVERSITY, 2022-04-16) KUDIRAT MAGAJI W. OWOLABI
Despite the efforts made to facilitate the enforcement of foreign arbitral award, there remain issues that complicate the enforcement proceedings, as a result of its reliance on national rules for enforcement procedure. By virtue of Article III of the New York Convention, signatories to the Convention are obliged to enforce arbitral awards in accordance with the rules of procedure of the territory where the enforcement of award is sought. While one would have difficulty arguing that there is presently a crisis in international commercial arbitration, most scholars acknowledged that there is lack of consistency in the way in which international commercial awards can be challenged and enforced due to the influence of national legislatures and courts. It is worthy to consider the way in which national legislatures and courts are presently allowed to influence the outcome of international commercial disputes. This has resorted in unforeseen barriers to the enforcement of arbitral award globally and also considered the weak link in the chain of international dispute resolution.

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